0001| SENATE BILL 1196
|
0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0003| INTRODUCED BY
|
0004| MICHAEL S. SANCHEZ
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO WATER; REGULATING WATER DIVERSION FOR DEVELOPMENT
|
0012| AND OTHER WATER USE ON LANDS FROM WHICH WATER RIGHTS HAVE BEEN
|
0013| SEVERED; AMENDING A CERTAIN SECTION OF THE NMSA 1978.
|
0014|
|
0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0016| Section 1. Section 72-5-23 NMSA 1978 (being Laws 1907,
|
0017| Chapter 49, Section 44, as amended) is amended to read:
|
0018| "72-5-23. WATER APPURTENANT TO LAND--CHANGE OF PLACE OF
|
0019| USE.--
|
0020| A. All water used in this state for irrigation
|
0021| purposes, except as otherwise provided in this article, shall
|
0022| be considered appurtenant to the land upon which it is used,
|
0023| and the right to use it upon the land shall never be severed
|
0024| from the land without the consent of the owner of the land,
|
0025| but, by and with the consent of the owner of the land, all or
|
0001| any part of the right may be severed from the land,
|
0002| simultaneously transferred and become appurtenant to other
|
0003| land, or may be transferred for other purposes, without losing
|
0004| priority of right theretofore established, if such changes can
|
0005| be made without detriment to existing water rights and are not
|
0006| contrary to conservation of water within the state and not
|
0007| detrimental to the public welfare of the state, on the approval
|
0008| of an application of the owner by the state engineer. Publica-
|
0009|
|
0010| tion of notice of application, opportunity for the filing of
|
0011| objections or protests and a hearing on the application shall
|
0012| be provided as required by Sections 72-5-4 and 72-5-5 NMSA
|
0013| 1978.
|
0014| B. After the effective date of this 1997 act, land
|
0015| from which water rights have been severed, simultaneously
|
0016| transferred and become appurtenant to other land or transferred
|
0017| for other purposes, may not be used for development or other
|
0018| purposes, unless and until sufficient water for the purpose to
|
0019| which the land is being used, is appropriated for use on the
|
0020| land or transferred to the land as approved by the state
|
0021| engineer in accordance with law and related regulations. For
|
0022| purposes of this section, "development" means any subdivision
|
0023| within the planning or platting authority of any municipality
|
0024| or county in the state, or both, but does not include a single
|
0025| domestic well used for a single family's dwellings."
|
0001|
|
0002|
|
0003| FORTY-THIRD LEGISLATURE
|
0004| FIRST SESSION, 1997
|
0005|
|
0006|
|
0007| March 15, 1997
|
0008|
|
0009| Mr. President:
|
0010|
|
0011| Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
|
0012|
|
0013| SENATE BILL 1196
|
0014|
|
0015| has had it under consideration and reports same WITHOUT
|
0016| RECOMMENDATION, and thence referred to the CONSERVATION
|
0017| COMMITTEE.
|
0018|
|
0019| Respectfully submitted,
|
0020|
|
0021|
|
0022|
|
0023| __________________________________
|
0024| Shannon Robinson, Chairman
|
0025|
|
0001|
|
0002| Adopted_______________________ Not Adopted_______________________
|
0003| (Chief Clerk) (Chief Clerk)
|
0004|
|
0005|
|
0006| Date ________________________
|
0007|
|
0008|
|
0009| The roll call vote was 6 For 0 Against
|
0010| Yes: 6
|
0011| No: 0
|
0012| Excused: Smith, Vernon, Garcia
|
0013| Absent: None
|
0014|
|
0015|
|
0016|
|
0017|
|
0018|
|
0019| S1196PA1
|